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Quote by Antonin Scalia

“We should start calling this law SCOTUScare ... [T]his Court's two decisions on the Act will surely be remembered through the years ... And the cases will publish forever the discouraging truth that the Supreme Court of the United States favors some laws over others, and is prepared to do whatever it takes to uphold and assist its favorites.”

Quote by Antonin Scalia

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Antonin Scalia
Antonin Scalia

Antonin Scalia was an Associate Justice of the Supreme Court of the United States, serving from 1986 until his death in 2016. He was a prominent figure in American law and politics, known for his conservative judicial philosophy and his influential role in shaping American constitutional law. more

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“Under all the usual rules of interpretation, in short, the Government should lose this case. But normal rules of interpretation seem always to yield to the overriding principle of the present Court: The Affordable Care Act must be saved.”

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“Perhaps sensing the dismal failure of its efforts to show that 'established by the State' means 'established by the State or the Federal Government,' the Court tries to palm off the pertinent statutory phrase as "inartful drafting.' This Court, however, has no free-floating power 'to rescue Congress from its drafting errors.'”

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“The Court's decision reflects the philosophy that judges should endure whatever interpretive distortions it takes in order to correct a supposed flaw in the statutory machinery. That philosophy ignores the American people's decision to give Congress '[a]ll legislative Powers' enumerated in the Constitution. They made Congress, not this Court, responsible for both making laws and mending them.”

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“More importantly, the Court forgets that ours is a government of laws and not of men. That means we are governed by the terms of our laws, not by the unenacted will of our lawmakers. 'If Congress enacted into law something different from what it intended, then it should amend the statute to conform to its intent.' In the meantime, this Court 'has no roving license ... to disregard clear language simply on the view that ... Congress 'must have intended' something broader.”

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Author:Antonin Scalia
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